Gert Town nightclub's loss of liquor license upheld

The city of New Orleans acted appropriately when it stripped a Gert Town nightclub of its alcoholic beverage license last year, a state appellate court ruled Wednesday.

The 4th Circuit Court of Appeal said the city's declaration of Club Roca Fella 2.5 as a public nuisance was "not arbitrary" and that the revocation of the liquor license was warranted.

The club has been connected to several violent acts, including a murder, during the past few years, the city said. Additionally, overflow parking, loitering and crime in the area during the club's operating hours requires additional police presence from the New Orleans Police Department and the nearby Xavier University Police Department, said City Attorney Penya Moses-Fields.

Lowyless Glasper owns the club near the corner of Pine Street and Washington Avenue, but his brother, Charles Boutin ran the club, the city said. Boutin has a criminal record and cannot obtain an alcohol permit, the city and appellate court said.

During a trial in Civil District Court in May, the club's owners said that while the club's neighborhood might be a high-crime area, they work to ensure a safe environment inside, using metal detectors and security guards.

But, the trial court said, the club's security is "either a sham ... or the club has developed such a reputation for condoning crime that no amount of private security or public police protection will alleviate it."

In April 2008, the club was the scene of a double shooting that left 21-year-old Durrell Brown dead a day after he was brought to a hospital with a gunshot wound to the back of his head.

Chief Deputy City Attorney Nolan Lambert said the club would be restricted from reapplying for another liquor license soon, though he could not specify the time frame Wednesday.

Danny Monteverde can be reached at dmonteverde@timespicayune.com or 504.826.3310.